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Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022) (1) The time and place requirement in section 239(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1229(a)(1) (2018), is a claim-processing rule, not a jurisdictional requirement. (2...

Urbina-Urbina v. Garland (unpub.) "This is a consolidated petition seeking review of three orders from the Board of Immigration Appeals (“BIA”), affirming decisions from an immigration judge (“IJ”) denying Petitioners’...

Helen Harnett writes: "I thought you might be interested in this BIA decision. The IJ terminated proceedings because the NTA did not contain a time or date. DHS filed an appeal, arguing: · That the Seventh Circuit in Ortiz-Santiago held...

Matter of Arambula-Bravo, 28 I&N Dec. 388 (BIA 2021) (1) A Notice to Appear that does not specify the time and place of a respondent’s initial removal hearing does not deprive the Immigration Judge of jurisdiction over the respondent’s...

Prof. Geoffrey Hoffman, May 14, 2021 - "A fascinating twist on the factual scenario in Niz-Chavez is what to do if your client had an NTA with a so-called "fake date." The "fake date" problem is one you will remember well if you...

Niz-Chavez v. Garland (6-3) "Some circuits have accepted the government’s notice-by-installment theory. Others, however, have held that the government must issue a single and comprehensive notice before it can trigger the stop-time rule....

Matter of Viera-Garcia and Ordonez-Viera, 28 I&N Dec. 223 (BIA 2021) Headnote: Where a notice to appear fails to specify the time or place of a respondent’s initial removal hearing, the subsequent service of a notice of hearing specifying...

C-SPAN, Nov. 9, 2020 ... and link to the briefs here .

Prof. Geoffrey Hoffman, May 17, 2020 "The latest decision from the Board of Immigration Appeals (BIA), Matter of Herrera-Vasquez, 27 I&N Dec. 825 (BIA 2020) , is another case in the trend of cases at the Board validating unlawful Notice to...

Matter of Herrera-Vasquez, 27 I&N Dec. 825 (BIA 2020) The absence of a checked alien classification box on a Notice to Appear (Form I-862) does not, by itself, render the notice to appear fatally deficient or otherwise preclude an Immigration Judge...

Bañuelos-Galviz v. Barr "[W]hat if an incomplete notice to appear is followed by a notice of hearing that supplies the previously omitted information? We conclude that the stop-time rule is still not triggered. In our view, the stop-time...

BIA, Feb. 21, 2020 "Amicus Invitation No. 20-21-02 AMICUS INVITATION (Alien Notice), Due Date: March 23, 2020 February 21, 2020 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing...

Jeffrey S. Chase, June 3, 2019 "I have previously discussed the implications of the Supreme Court’s 2018 decision in Pereira v. Sessions here and here . There are two aspects to the Pereira decision. The first is the narrow issue presented...

27 I&N Dec. 546 (BIA 2019), Matter of PENA-MEJIA - Neither rescission of an in absentia order of removal nor termination of the proceedings is required where an alien did not appear at a scheduled hearing after being served with a notice to appear...

Lorenzo Lopez v. Barr "We hold that a Notice to Appear that is defective under Pereira cannot be cured by a subsequent Notice of Hearing. The law does not permit multiple documents to collectively satisfy the requirements of a Notice to Appear...